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Sexual Misconduct

Lakeview College of Nursing is committed to maintaining a safe and secure academic environment free of any form of sexual misconduct including domestic violence, dating violence, sexual assault, stalking, and sexual harassment. Interim protection measures and accommodations will be provided to ensure the safety of victims of a sexual assault, sexual violence, or rape. Amnesty will be provided to anyone reporting any violations of this policy. A violation of the Violence Against Women’s Act shall constitute grounds for disciplinary action, up to and including, dismissal from the College. In the state of Illinois sexual assault or rape, is a felony and could result in an individual being sentenced to time in prison.

DEFINITIONS

Consent: is defined as a freely given, clear, unambiguous agreement between the participants to engage in sexual activity. Lack of verbal or physical resistance or submission by a person resulting from the use of force or threat of force by another person shall not constitute consent. Consent is deemed incapable of being given if the person’s physical and/or mental control is markedly diminished as the result of alcohol, other drugs, illness, injury, or any other reason. Consent must be given each time the participants engage in sexual activity. Consent given on a prior occasion does not indicate future consent, and consent may be revoked at any time.

Dating violence is defined as violence committed by a person who: is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: (1) the length of the relationship; (2) the type of relationship; (3) the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

Domestic violence Includes asserted violent misdemeanor and felony offenses. The crimes of violence are committed by a current or former spouse or intimate partner of the victim, by a person whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction of grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic of family violence laws of jurisdiction.

Forcible sexual offenses are defined as, "Any act directed against another person, forcible and/or against the person's will; or not forcibly or against the person's will where the victim is incapable of giving consent," and include, forcible rape, forcible sodomy, sexual assault with an object, and forcible fondling.

Non-forcible sex offenses are defined as "Unlawful, non-forcible sexual intercourse," and include incest and statutory rape.

Rape is defined by penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Sexual assault is defined as an offense classified as a forcible or non-forcible sexual offence that is physical contact of a sexual nature, which is against one's with or without one's consent.

Sexual harassment is unwelcome conduct based on sex, whether directed towards a person of the same sex or the opposite sex, and may include explicit sexual propositions, sexual innuendo, suggestive comments, sexually charged jokes, obscene printed or visual material (including electronically displayed material), and physical contact such as patting, pinching, or intentionally brushing against another person's body. Sexual violence is a form of sexual harassment and: includes but is not limited to physical sexual acts; unwelcome sexual touching, or battery; rape; domestic violence; dating violence; and stalking. All sexual harassment is expressly prohibited.

Sexual Misconduct is defined as any physical act of a sexual nature, committed under duress or by force, or without consent (a freely given, knowing agreement) of the individuals involved.

Sexual misconduct includes, but is not limited to:

Any form of sexual penetration without consent.

Intentional or knowingly touching of another person, either directly or through the clothing, of sex organs, buttocks, or breasts for the purpose of sexual gratification or arousal without consent of the other person.

Intentional exposure of any part of a person’s body for a sexual purpose.

Use of email, text, phone, or any other form of communication to send sexually explicit materials that are unwelcomed by the recipient.

Sodomy is oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person's safety or the safety of others or suffer substantail emotional distress. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly or indirectly, or through a third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.

Title IX Statement

It is the policy of the College to comply with Title IX of the Education Amendments of 1972 and its implementing regulations, which prohibit discrimination based on sex in the College programs and activities. Title IX and its implementing regulations also prohibit retaliation for asserting claims of sex discrimination. The College has designated Vicky Welge, Title IX Coordinator to coordinate its compliance with Title IX and to respond to regarding Title IX

Sexual Misconduct is a form of discrimination and all complaints/reports will be responded to within 12 hours. If necessary, the College will take action to prevent the recurrence of discrimination and remedy its effects.

PROCEDURES TO FOLLOW AFTER AN ASSAULT

Victims of sexual assault or rape are strongly encouraged to report the incident in order to deter these assaults and to ensure that victims receive the services they need. Steps should be taken to help deal with the physical and emotional trauma:

Go to a safe place; go somewhere to receive emotional support.

Report a sexual assault on campus to the Title IX Coordinator and/or Dean of Nursing.

Report the assault to the police. If requested, the Title IX Coordinator at the College may assist with notification.

Preserve all physical evidence. In order to best preserve possible evidence, don’t:

Wash

Change clothes or clean the bed/linen where assaulted

Urinate or defecate or douche

Smoke

Drink or eat

Brush hair or teeth, or rinse mouth

In addition to physical evidence, pictures, notes, electronic messages and phone records are examples of evidence that should be preserved.

A medical exam is not a requirement for criminal proceedings but it may be more difficult to investigate and prosecute if evidence isn’t collected.

Bring a change of clothes in case clothing is collected as evidence

Go to the hospital for medical care, police station or call 911. Injuries should be treated and an examination completed to document and collect physical evidence of the assault.

Seek professional counseling. This can help in the recovery from the psychological effects of the assault.

Please refer to the Resources for Victims of Sexual Assault section of this document for a list of local resources that will provide immediate advice and assistance to victims of sexual assault or rape.

Although the College strongly encourages all members of its community to report violations of this policy to law enforcement, it is the victims’ choice whether or not to make such a report and victims have the right to decline involvement with the police.

REPORTING

Any Lakeview College of Nursing student or employee may report that he/she may have experienced or witnessed an act of sexual misconduct or sexual harassment. Reports may be made directly to Vicky Welge, Title IX Coordinator at vwelge@lakeviewcol.edu or 217-709-0939 or 217-709-0920 or by completing the online Incident Report form on the LCN website http://www.lakeviewcol.edu/incident_report/form.

Offer Support if you suspect that the person is being abused or has been sexually assaulted or stalked.

Speak out against all forms of sexual violence.

Be an advocate for preventing sexual violence.

Model the behavior that values respect for others and promotes positive pro-social behavior.

RIGHTS & OPTIONS

Retaliation Prohibited

The College forbids retaliation against anyone for reporting any harassment, discrimination, sexual misconduct including domestic violence, dating violence, sexual assault, stalking, sexual harassment, or assisting other students in reporting, and/or participating in an investigation. If any student feels that he or she has been retaliated against, the student shall immediately file a Grievance report that can be found on the LCN website https://www.lakeviewcol.edu/grievance_appeal/form .

The Grievance Policy procedures will be implemented by individuals who receive annual training on the issues related to sexual misconduct, domestic violence, dating violence, and stalking, implementation of these procedures, and how to conduct an investigation that protects the safety of victims and promotes accountability.

RESOURCES: ON CAMPUS

Confidential Advisor for survivors

Lakeview College of Nursing will provide a confidential advisor to survivors to help them understand their options to report and seek medical, legal and other services. Communication between a confidential advisor and survivor regarding incident of sexual violence are subject to a privilege outlined in the Illinois Civil of Procedure.

Accommodations

The Victim may request a change in their academic arrangements by contacting the Dean of Nursing. Changes will be made if feasible and reasonable to do so. All reports filed with College will remain confidential. Staff and faculty should report any on-campus sexual offenses to the Title IX Coordinator and/or Dean of Nursing and proper authorities.